Perfection Of China’s Start-up Procedure Of Border Protection System For Intellectual Property Rights

Border measures play a very important role in the intellectual property rights protection of international trade. In the United States, "Special 301" is an important basis for the implementation of border measures. The United States often launches an attack on China in IPR border protection. What is the difference between current customs regulations of China and the developed countries and international agreements? Why the developed countries, especially the United States, tended to launch IPR attack to us? What are the development trends of border measures for the protection of intellectual property? What is the status quo of customs protection of the intellectual property right? Do the rules and regulations in force facilitate the actual enforcement of the customs? This paper identified law in China’s IPR border protection as the research object, focusing on the start-up procedure of border protection for the IPR (registration, application and guarantees).By comparing China’s current regulations and the requirements of World Trade Organization (WTO), as well as the major developed countries and regions, combined with the actual enforcement of the customs, this paper tries to probe the flaws and shortcomings of law of customs protection of IPR. It follows the principle of preventing the abuse of right, improving the enforcement efficiency of the law, and to facilitate the rights holders.This paper is mainly divided into six parts. The first part is foreword. The second part is an overview of the start-up procedure of border protection for the IPR. The third part is comparative research on the start-up procedure of border protection for the IPR. The fourth part is defects of t of China’s IPR border protection. The fifth part is the suggestions to amendment to the law of IPR border protection. The last part is the conclusion.In the foreword section, it starts from China’s foreign trade situation, and the status and situation of China’s IPR border protection, then a brief introduction to that why this article selects the start-up procedure as the research object.In the second part, this article first discusses the intellectual property rights of private property Border and the border protection of intellectual property rights has the characteristics of administrative protection, then it discusses the concept and two protection modules of intellectual property rights border protection system. It concludes that procedures of registration, applications and guarantees restricts China’s IPR border protection system further playing its due role from law enforcement status quo of China’s Customs Protection of Intellectual Property. So this paper combines the three procedures as the start-up procedure. Finally, from a legal point of view, to improve IPR border protection system we should follow the principles and value goal:simple and efficient, concrete and transparent, minimum costs and preventing abuse of right.In the third part, it introduces China’s rules and regulations in force which relate to IPR border protection, and international treaties, including the "TRIPS". Then briefly describes the U.S. and EU law on IPR border protection.In the fourth part, this paper describes the defects of the current regulations of specific procedures of registration, application and guarantees, and In-depth analysis of the reason for the existence of these defects.In the fifth part, this paper makes specific recommendations for amendment to the law of IPR border protection. The section of Registration includes Change and cancellation, registration of patent. The section of applications includes the requirement of evidence, general application, exemption from application, customs Disclaimer. The section of guarantees includes form of the guarantee, amount of the guarantee, general guarantee, and exemption from guarantee.The last part is the conclusion, it summarizes the entire article, and then put forward suggestions of amendments to the law on IPR border protection, combined with China’s foreign economic and trade situation.